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Patna High CourtCR. MISC./15656/2023allowed

Sunny Kumar @ Sunni Kumar v. The State Of Bihar

2023-05-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15656 of 2023 Arising Out of PS. Case No.-332 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Sunny Kumar @ Sunni Kumar Son Of Vijay Shankar Singh @ Bijay Shankar Singh R/O Village- Barauni Flag (Barauni 01), Ward No.13, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act.

The prosecution case, in brief, is that the informant along with police personnel raided the house of the co-accused Shailesh Kumar and apprehended the accused persons including the petitioner. Upon search, one live cartridge was recovered from possession of this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.15656 of 2023(2) dt.09-05-2023 2/2 concern with the alleged arms which was seized by the police or with the co-accused persons. It is further submitted that the seizure list witness are police officials not a single independent witness which violates the provision of of Cr.P.C. The petitioner has got no criminal antecedent and languishing in judicial custody since 4.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Teghra P.S. Case No. 332 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.

(Sunil Kumar Panwar, J) Amandeep/- U T